10-17-1996 Planning and Zoning Commission Meeting of the La Porte Planning and Zoning Commission

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• • continuously 'interferes in an adverse manner with __the implementation of 'the egislative purposes of the zoning, district in which the use'is'located, or (iii) a pattern of repeated occurrences of one or more_of_the following with respect to the Revocable Use: (1) Noise above' the ...maximum perm sible 1'mits, as set forth in the Zoning Qrdinance, or in 'any other _City ordinance; (2) Traffic generation of more ahan twice that of the `same use 'or use of a similar na ure, based on xates set:; forth in the most recent. edition of 'the 'Institute'~of Traffic Engineers (I'1'E) Trip ..Generation Manual; (3) ""Noxious or annoying emissions of odor,' smoke, wastewater, ;light or 'other matters; (4) Hours of operation Ghat 'begin prior -to 7:00 a.m. and extend ...beyond IOc00 p.m.'and as such exacerbate general noise or traffic;' (,5) Lack of substantial compliance ..'.with. agplicable ,City codes and ordinances; (6) Police .reports on al.Ieged criminal activity associated _. with the non'-conforming use; or (7) Simi ar fact-ors . (_e) Non=conforming Uses Not S sect 'to Revocation of Status. Not~rithstandng any.. provisions of this 'Division or this , 4 - Z06.that could be construed to the contrary, 'a -residential use .that is non-conforming in the particular district in which such'use is located-shall not be subject to revocation under this_4 - 206. (f) _Condtions for Continuation. In making a decision not.'to revoke the status of a Revocable Use pursuant to 4 - 206(c), the Board of Adjustment may impose conditions _on the use that are necessary to accomplish the purposes of this .Division, .including.,.. but not, limited: to required improvement_ of, or modifications to,' existing improvements on the property. `or limitations on' hours or nature of opera ions. (g) APPeal Any person aggrieved by the decision of the _Board of Adjustment.,. or a taxpayer,- or an officer, department, :board - 38 -